Terms and conditions
Roger Oates Design Company Limited - GENERAL CONDITIONS OF BUSINESS
1. Definition: In these conditions “the Seller” means Roger Oates Design Company Ltd. or any subsidiary or associated company and “the Customer” means the purchaser of goods from the Seller under these conditions.
2. General: In the event that Customers’ orders contain conditions, such conditions are only acceptable in so far as they are consistent with our terms and conditions. For goods made specially to order we will submit Quotations and accept orders subject only to the terms and conditions which follow and to the exclusion of all other conditions.
3. Law & Jurisdiction: These conditions, quotations and contracts shall be governed by English Law and the Customer agrees to submit to the jurisdiction of the English Courts.
4. Description of Goods: The description of goods contained in the Seller’s copy and or confirmation of order shall be deemed to be the correct description of goods. Every care has been taken to ensure that the description and specifications are correct at the time of going to press, and the colour reproduction is a reasonable representation. However slight variation in the actual goods supplied can occur.
5. Representations: The Seller’s employees are not authorised to make any representations as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions.
6. Acceptance of Orders: No order shall be deemed to be accepted until the Seller’s Confirmation of Order/Invoice has been issued. The details shown in this Confirmation of Order/Invoice shall be deemed to be correct in all respects unless advices to the contrary are received in writing within five working days of issue.
All dimensions and quantities stated on Quotations, Confirmation of Order, Price Lists, Correspondence and Catalogues are subject to normal trade tolerance. The Seller reserves the right to make a charge, unless otherwise agreed, for delivery, assembly and installation on site. All delivery dates quoted will be met to the best of the Seller’s abilities, but the Seller shall be under no liability whatsoever for delay or failure to deliver from any cause. Value Added Tax or any other form of Tax or Levy on supply of goods is applied to all Quotations and orders, etc. at the rate in force at the date of invoice.
7. Terms of Payment: For Retail Orders the amount of all invoices/orders shall be payable in full prior to arranging delivery or collection of the goods. Balance of payment for goods made specially to order shall be made on notification by the Seller that the goods are available for collection or delivery. Terms of payment will be indicated on each invoice.
a) All Orders will be processed on receipt of a proforma or deposit payment.
b) Credit Accounts: 30 days. The Seller reserves the right to place a 2.5% surcharge per month on goods not paid within our terms.
c) All special/custom orders are subject to a minimum 30% surcharge on the list price.
d) Payment shall be made at the time and terms stated on the Seller's Quotation, Confirmation of Order or Invoice. In the event of non payment any discounts offered for payment by a stipulated date are forfeited.
a) Not withstanding that credit has hereinbefore been given for the payment of the price of the said goods, the Seller shall be entitled to retain possession thereof until payment.
b) In addition to any right of lien to which the Seller shall (in the event of the buyers insolvency) be entitled a general lien on all the goods of the buyer in the Seller’s possession,
(although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the buyer by the Seller under the same or any other contract.
9. Transfer of Title and Risk: Neither the ownership of nor the property in any goods sold by the Seller will pass from the Seller until such time as the Seller has received payment in full for such goods and any additional charges relating to such goods. Until such time the Seller reserves the right to recover possession of the relevant goods. Where goods are re-sold by the customer before title has passed from the Seller the proceeds of such re-sale (or other assets into which such proceeds have been converted) shall be held by the customer in a fiduciary capacity on trust for the Seller and the customer will account to the Seller for the same to the extent necessary to pay the full price for the goods and all other sums due to the Seller under the corresponding contract and until the debt to the Seller is fully discharged. Nevertheless all goods are at the risk of the customer as soon as they have been delivered or collected.
10. Delivery & Storage: Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss of whatever nature including of a consequential nature whether arising directly or indirectly out of delay in delivery. The Seller shall not be liable for any delay in delivery resulting from use of a third party carrier. All goods delivered to the Customers premises and accepted by the Customer become the sole responsibility of the Customer and the Seller shall not be liable for any loss or damage to the goods thereafter. Delivery by the Seller is effected when the goods are tendered to the Customer at the Customer’s designated delivery address. The Seller is not responsible for the unloading of the goods and it is the Customers responsibility to off-load at the Customers own risk and expense.
Where a Customer fails for any reason to take delivery at the time when the goods are ready for delivery the Seller shall if its storage facilities permit store the said goods and take all reasonable steps to prevent their deterioration until the act of delivery and the Customer shall be liable to the Seller for the reasonable costs (including insurance) of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Customer may become liable in respect of his failure to take delivery at the appropriate date.
11. Cancellation of Order/Returns: The Seller reserves the express right not to accept any cancellation of an order by the Customer. All cancellations must be confirmed in writing and sent by recorded delivery. If cancellation is accepted then the Seller reserves the right to impose at its sole discretion a cancellation charge which shall be payable by the Customer on demand. Where goods are produced specially to a customers order no cancellation or amendment will be accepted. Returns will not be accepted on cut lengths or pre-fabricated areas.
12. Damaged or Defective Goods: The Seller will despatch all delivered goods under cover of a delivery note. Damage or other discrepancy noted on delivery must be notified immediately in writing to the Carrier and to the Seller. The Customer shall before the goods are cut or installed fully inspect the said goods within five days of delivery and shall within a further five days give notice in writing to the Seller of any matter or thing by reason whereof it is alleged that the goods are not in accordance with the Sellers Confirmation of Order/Invoice. If the Customer fails to give such notice the said goods shall be deemed to be in all respects in accord with the contract and the Customer shall be bound to accept the goods. The Seller shall use its judgement in determining whether or not any complaint made by the Customer is valid. Where the goods are returned to the Seller and after inspection the complaint is rejected, the Seller reserves the right to make a reasonable charge for inspection and handling. In no circumstances can any complaint be entertained where the state or condition complained of results directly or indirectly from the Customers actions.
13. Price & Product Variation: The Seller reserves the right to add or delete goods from the range or to change products in connection with improvement or development. The Seller reserves the right to amend prices quoted between the date of Confirmation of Order and date of delivery, according to any increases in cost, unless the original Quotation was submitted on a “Fixed Price” basis.
14. Claims - Limits on the Sellers Liability: The Seller shall not in any event be liable and no claims will be entertained in respect of any complaint whatsoever by the Customer in connection with the goods or delivery thereof unless notice is given and received as required in Clause 12 hereof. The Seller shall in no circumstances, howsoever arising be liable to the Customer in respect of the supply and delivery of goods unless the Seller shall be shown to have been negligent provided always that the liability to the Seller shall in no case or circumstances exceed the contract/order price.
The Seller shall not be liable for damage, injury, death, loss, expense to or in connection with any property, persons or other living creatures or produce howsoever caused and arising from the laying maintenance and use of goods or generally in connection with or arising out of the supply of the goods. The Customer agrees to indemnify the Seller for its costs in respect of any such claims and resultant expense.
Further and without prejudice to the generality of the foregoing the Seller shall not in any event be liable to loss, damage, deterioration, wear, expense whether such loss, damage, deterioration, wear or expense shall arise directly, indirectly, consequentially or otherwise out of or in connection with any of the following:
a) the installation, laying, fixing and fitting of the goods
b) the laying of the goods on uneven surfaces
c) the cleaning, maintenance or use of the goods
d) customers error in choice of colour or type of goods
e) variation in weave, shade and/or colour or type of goods
f) the fading of goods howsoever caused
g) damage caused by sharp objects, nails, claws etc.
h) infestation by insects or fungus/mould
i) inherent vice of the goods
j) delay in the delivery or non delivery
k) the off-loading of the goods or their storage or handling after off-loading
l) any other circumstances over which the Seller has no control or the consequences of which the Seller could not avoid by exercise of reasonable care. The Customer agrees to indemnify the Seller for its costs in respect of any claims for such loss, damage deterioration or expense.
m) No claims whatsoever will be entertained and no liability attached to the Seller in any event for goods sold at discount prices as remnants or as sub-standard stock.
15. Information/Advice Leaflet : Advice from professional sources is provided in order to assist Customers. However it is expressly agreed that the Seller provides this information without charge and assumes no liability in respect thereof. On request the Seller can give Customers names of professional Carpet Layers & Cleaners/Maintenance companies in relationship to our goods but it is expressly agreed that the Seller shall be under no liability whatsoever for any loss, damage, delay, expenses howsoever arising from the giving of such information or the consequences of it.
16. Force Majeure: In the event of war invasion, act of foreign hostilities (whether war has been declared or not), civil war rebellion revolution, acts of terrorism insurrection or military or usurped power, the Seller shall be relieved of liabilities incurred under this contract whatever and to the extent to which the fulfilment of such obligation is prevented, frustrated or impeded as a consequence of any such event or by any statute rules, regulations, orders or requisitions issued by any Government Department Council or other duly constituted authority or from strikes, lockouts, breakdowns of plant or any other causes (whether or not of like nature) beyond the Sellers control.
Roger Oates Design Company Limited - TERMS AND CONDITIONS OF INSTALLATION
All installation estimates and quotations are subject to the following terms and conditions unless otherwise confirmed in writing by Roger Oates Design Company Ltd.
1. Quotes are valid for 30 days only.
2. Where quantities shown in a quotation are estimated from drawings, the final quantities are subject to confirmation by a site visit.
3. Installations are costed to take place in one scheduled visit allowing for uninterrupted work over a continuous phase.
4. Normal working days are Monday to Friday (excluding Public and Bank Holidays). Working hours will be advised in advance of the installation taking place.
5. The client or their main contractor must ensure that sub-floors are clean, dry and level before the agreed installation date. Loose and uneven floor boards with gaps, dishing treads, broken nosings and steps with movement all constitute an unsuitable sub-floor and must be repaired in advance. The stair nosings must be smooth and rounded, and flat areas must be stable and level. It is the responsibility of the client to make good sub-floors unless stated otherwise in writing. If on the day of installation, the fitters deem the condition of the sub-floor unsuitable, Roger Oates Design reserves the right to charge a late postponement fee.
6. At the time of the installation, the site MUST be clear of all other tradesmen and through traffic to allow continuity of work. If this is not adhered to, the Roger Oates Design fitters have the right to refuse to work which will incur a late postponement fee.
7. In the event of a postponement at the client's request within 7 days of a confirmed installation start date, the customer may be liable for a charge of £200.00 ex VAT per day over and above the original fitting costs. This will only be applicable if the fitter is unable to find alternative work for the days in question.
8. No allowance is made for floor protection should other trades need to return to continue working after the carpet installation is complete. If necessary, this should be provided by the contractor in question.
9. Please ensure that the moulding on the last riser of any flight of stairs, if present, is removed prior to the fitting taking place. This will avoid the fitter having to remove it and causing unnecessary damage to the paintwork.
10. Whilst every care is taken when installing carpets, small marks may occur on paintwork. In some instances cracking of paint and plaster work can occur due to the vibrations caused by the fitting process. Roger Oates Design cannot accept any responsibility and you should be prepared to have a decorator return to touch up surfaces if accidental damage occurs.
11. All wires must be re-routed away from the area prior to fitting. Roger Oates Design cannot be held responsible for accidental damage during the carpet installation.
12. The client must make their own arrangements to remove any free standing cast iron radiators prior to the installation commencing, and re-fit once the installation is complete.
13. Please note that an approximate clearance of 12mm is required under doors for our flatweave product and underlay (excluding sub-floor preparation). Where doors require trimming please ensure that the appropriate person is in attendance, otherwise the doors will be removed from their fixings and left to one side.
14. Seam positions will be at the discretion of Roger Oates Design unless a seam layout is requested or provided.
15. To place an order a 50% deposit is required. Placing an order implies you have read and understood the contents of the quote and have accepted the Roger Oates Design business and installation terms and conditions. The final balance is due prior to the installation taking place.
16. The following items will be charged for as extras unless specified within the existing quotation/order confirmation:
i) Sub-floor preparation, i.e. concrete screed/plywood
ii) Uplift and disposal of existing floor covering
iii) Moving of furniture
iv) Supply and fitting of door thresholds
17. Any additional works/items required will be payable upon completion of the installation.
18. The fitting is guaranteed for a period of one year.